Daniels v. Felker et al

Filing 25

ORDER for Respondent to Re-Submit Motion to Dismiss; ORDER to TERMINATE 18 MOTION TO DISMISS, signed by Magistrate Judge Dennis L. Beck on 2/4/2010. Response to Petition due by 2/22/2010. Petitioner's Response to Motion to Dismiss Filing Deadline: 3/10/2010. (Sondheim, M)

1 2 3 4 5 6 7 8 9 GENE M. DANIELS, 10 11 12 13 14 15 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 17 pursuant to 28 U.S.C. § 2254. 18 On March 16, 2009, Respondent filed a motion to dismiss with one attachment, the certificate 19 of service. Upon attempting to open the motion though the Court's electronic docketing system, it 20 appears that the certificate of service was uploaded as both the motion and the attachment and that 21 the actual motion to dismiss was never filed. Accordingly, Respondent is ORDERED to re-submit 22 the motion to dismiss within fifteen (15) days of this order. 23 Furthermore, Petitioner is granted thirty (30) days from the date of service of Respondent's 24 motion in which to object. 25 Accordingly, it is hereby ORDERED that 26 1) Respondent's motion to dismiss be terminated (Doc. #18); 27 3) Respondent submit a motion to dismiss within fifteen (15) days of service of this order; and 28
U .S . D i s t ri c t Court E . D . California

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA ) ) Petitioner, ) ) v. ) ) ) T. FELKER, Warden, ) ) ) Respondent. ) ____________________________________) 1:08-cv-01590 AWI YNP [DLB] (HC) ORDER FOR RESPONDENT TO RESUBMIT MOTION TO DISMISS ORDER TO TERMINATE MOTION TO DISMISS [Doc. #18]

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U .S . D i s t ri c t Court E . D . California

3) Petitioner is granted thirty (30) days from the date of service of Respondent's motion in which to file objections.

IT IS SO ORDERED. Dated: 3b142a

February 4, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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